The European Union says the software company is not fully complying with the group's 2004 antitrust ruling.
BRUSSELS, Belgium — The European Union has threatened to fine Microsoft up to 2 million euros ($2.37 million) a day, saying today the software company is not fully complying with the EU’s 2004 antitrust ruling.
Microsoft immediately retorted that the EU Commission and a trustee monitoring the case had failed to take proposals it made last week fully into account before taking the action, adding it would contest the measure under EU law.
The EU head office insists that Microsoft must provide better documentation so its software programs can be used with competitors’ products. It gave Microsoft until Jan. 25 to answer the complaint.
“I have given Microsoft every opportunity to comply with its obligations. However, I have been left with no alternative other than to proceed via the formal route to ensure Microsoft’s compliance,” said EU Antitrust Commissioner Neelie Kroes.
Microsoft said, however, that its latest offer and its response to EU concerns should be better assessed first.
“In the interest of due process, we think it would have been reasonable for the Commission and the Trustee at least to read and review these new documents before criticizing them as being insufficient,” Microsoft General Counsel Brad Smith said in a statement.
The EU said it was also investigating the royalties Microsoft would charge for using its software information and said another legal challenge might be issued if it was unhappy with the financial demands.
To back its claim, the EU Commission on Thursday issued a formal “statement of objections,” a measure that could lead to the hefty daily penalties that would be backdated until Dec. 15.
The EU Commission said it based its decision on a report by the monitoring trustee of the 2004 agreement, which said that competitors seeking to operate with Microsoft software “would be wholly and completely unable to proceed on the basis of the documentation.”
It quoted the report as saying that “the technical documentation is therefore totally unfit at this stage for its intended purpose.”
The report further stated that “the documentation appears to be fundamentally flawed in its conception, and in its level of explanation and detail. … The documentation needs quite drastic overhaul before it could be considered workable.”
The EU ordered Microsoft in March 2004 to pay 497 million euros ($613 million), share code with rivals and offer an unbundled version of Windows without the Media Player software for what it saw as an abuse of its dominant position in the industry. The Court of First Instance, the EU’s second-highest court, has not yet set a date to hear Microsoft’s appeal.
Microsoft now has five weeks to react to Thursday’s statement of objections and may have an oral hearing with antitrust authorities.
The company said it already had done its utmost to live up to the conditions of the ruling.
“We’ve shipped a new version of Windows, we’ve paid a historic fine, and we’ve provided unprecedented access to Microsoft technology to promote interoperability with other industry players. In total, we have now responded to more than 100 requests from the Commission,” Smith said.